ARMY | BCMR | CY2005 | 20050013254C070206
The applicant states on his DD Form 149 (Application for Correction of Military Record) that he submits a copy of the memorandum waiving the OBC requirement for current Army Reserve officers in a training status; however, the memorandum was not attached to the submitted DD Form 149. In a Memorandum for Record (MFR), dated 11 September 2003, the Chief, Military Personnel Actions Branch, Human Resources Command (HRC) – St. Louis, Missouri, stated that the applicant could not be promoted at...
ARMY | BCMR | CY2005 | 20050013282C070206
Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the...
ARMY | BCMR | CY2005 | 20050013332C070206
Qawly Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his date of rank (DOR) be adjusted to 17 April 1997. His DOR was adjusted to 23 May 1997 when he originally entered active duty and that was his DOR at the time he was voluntarily REFRAD at his own request.
ARMY | BCMR | CY2005 | 20050013381C070206
However, the severity of his intentionally injuring himself when his unit was pending potential deployment to support Operation Desert Shield clearly outweighed his military accomplishments. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. As a result, the Board further determined that there is no evidence provided which shows that it would be in...
ARMY | BCMR | CY2005 | 20050013386C070206
He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records (ABCMR) which could adjust DOR’s for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG as a lieutenant. The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain. As...
ARMY | BCMR | CY2005 | 20050013387C070206
The applicant requests, in effect, transfer of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), from the performance to the restricted section of his Official Military Personnel File (OMPF). The applicant is requesting correction of an alleged error which occurred on 18 September 2000, the date of imposition of punishment directing that the DA Form 2627 be filed in the performance fiche of his OMPF. More specifically in this case, the applicant must provide sufficient...
ARMY | BCMR | CY2005 | 20050013388C070206
The applicant requests, as the wife of a deceased former service member (FSM), that her late husband's military records be corrected to show that he was awarded the Purple Heart and the Good Conduct Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2005 | 20050013431C070206
A DA Form 2-1 (Personnel Qualification Record), covering the period 29 October 1973 through 31 January 1983, shows the applicant served in Vietnam from 1 June 1966 through 6 June 1967 and in Korea from 23 July 1969 through 22 July 1970. In addition to the awards listed on the 31 January 1983 DD Form 214, the applicant is also authorized award of the Korea Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor...
ARMY | BCMR | CY2005 | 20050013446C070206
He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records (ABCMR) which could adjust DOR’s for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG as a lieutenant. The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain. As...
ARMY | BCMR | CY2005 | 20050013466C070206
The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and orders; his AGONM Form 600-1 (Request for Discharge, NMARNG); his NGB Form 22 (Report of Separation and Record of Service) and orders; and his ARNG personnel records, in support of his request. The applicant was notified that as stated in Chapter 6-4 of the National Guard Regulation 600-5, Soldiers would be separated without board action and he did not have the right to an appeal or...
ARMY | BCMR | CY2005 | 20050013498C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows that an error was made during the preparation of the applicant’s enlistment contract, which resulted in an incorrect term of service being shown in Item 20a of his DD Form 4/3. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his enlistment contract (DD...
ARMY | BCMR | CY2005 | 20050013534C070206
The applicant requests that her great-great grandfather's records, a deceased former service member (FSM), be corrected to show he was honorably discharged. The widow's request was rejected on 28 April 1903 because the FSM was discharged for desertion and was not honorably separated from his last period of service. There is no evidence, and the applicant has not provided sufficient evidence, to show the FSM's discharge was unjust or in error.
ARMY | BCMR | CY2005 | 20050013539C070206
The applicant requests reconsideration of his previous request to have his records corrected by removing his bar to reenlistment, showing his rank as E-3 or E-4, and award of the Army Good Conduct Medal. On 6 October 2004, the American Legion forwarded the applicant's initial request for Board consideration, and made no comments in support of his request. There is no evidence in the available records nor did the applicant provide documentation that shows his surgical procedure caused...
ARMY | BCMR | CY2005 | 20050013568C070206
The applicant requests that his records be corrected to show he was awarded the Combat Infantryman Badge. Therefore, the record should be corrected to show the applicant was authorized award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat Infantryman Badge; and b. showing that in addition to the awards listed on the 11 February 1972 DD Form 214, the...
ARMY | BCMR | CY2005 | 20050013625C070206
Counsel states that this is the applicant's third request for correction of his discharge records. The applicant was discharged without a hearing. The applicant was discharged on 23 May 1975.
ARMY | BCMR | CY2005 | 20050013650C070206
The applicant requests that his records be corrected by upgrading his discharge. At the time of the applicant’s separation, the regulation provided for the issuance of an UOTHC discharge. There is no evidence in the available records nor did the applicant provide any documentation that he was told if he was AWOL for 75 days that he would be separated "for the good of the service."
ARMY | BCMR | CY2005 | 20050013686C070206
The applicant is requesting correction of an alleged error which occurred on 22 January 1990, the date his total basic pay for service was recorded on his DA Form 3713. Item 29 (Basic Pay) of the applicant's DA From 3713, has the entry "19 years, 8 months, and 2 days." Therefore, the applicant is entitled to correction of his records to show the entry in item 29 of his DA Form 3713 as 22 years, 1 month, and 5 days of satisfactory federal service completed.
ARMY | BCMR | CY2005 | 20050013698C070206
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart, Combat Infantryman Badge, Bronze Star Medal with "V" Device, Noncommissioned Officer Candidate (NCOC) Course, On-The-Job Training (OJT), Advance Individual Training (AIT), and Expert Marksmanship Qualification Badge with Rifle Bar (M16). COUNSEL’S REQUEST, STATEMENT AND EVIDENCE: On 24 May 2006, the Army Board for...
ARMY | BCMR | CY2005 | 20050013703C070206
Therefore, it is appropriate to correct the records to show that the applicant was awarded the Purple Heart for wounds received on 16 November 1968. It is appropriate to award the applicant the Good Conduct Medal for his period of service from 1 June 1966 through 24 May 1969. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2005 | 20050013723C070206
On 26 November 1999, the applicant was honorably discharged, in the rank/pay grade, Sergeant/E-5, under the provision of Army Regulation (AR) 635-200, Chapter 4, at the completion of required active service. On his discharge from the Regular Army, the applicant's DD Form 214 was annotated to show he was honorably discharged; his separation was in accordance with AR 635-200, Chapter 4; the separation code applied to his DD Form 214 was "JBK"; RE Code "3" was entered in its appropriate space...
ARMY | BCMR | CY2005 | 20050013725C070206
Edward E. Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. ...
ARMY | BCMR | CY2005 | 20050013727C070206
The branch indicated that the applicant did have loans of $13, 967.00, other than the alternative loans, that qualified for repayment under the LRP, and that the appropriate payments would be authorized toward his qualifying loans. In doing so, the applicant's military records should be corrected to show his Statement for Enlistment United States Army Enlistment Program was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as...
ARMY | BCMR | CY2005 | 20050013753C070206
Donald L. Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The military recruiters can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s...
ARMY | BCMR | CY2005 | 20050013803C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 July 2006 DOCKET NUMBER: AR20050013803 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no orders or other evidence authorizing award of the Air Medal with "V"...
ARMY | BCMR | CY2005 | 20050013874C070206
The applicant also states that "[a] VA administrative decision determined the accident was not the result of "willful misconduct" and granted the accident "in line of duty". Paragraph 39-5 (Standards applicable to LOD determinations) of the LODI regulation provides, in pertinent part, "[i]njury or disease proximately caused by the member's intentional misconduct or willful negligence is "Not in L[O]D - due to own misconduct"." In fact, the evidence of record shows that the VA did not...
ARMY | BCMR | CY2005 | 20050013893C070206
William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. While the former Commanding General of the NYARNG has stated that he would have selected the applicant for the colonel’s position, he also stated that the applicant was not considered for that position. Without clear and convincing evidence to show that the applicant was in a colonel’s position and would have been selected for the colonel’s position on 8...
ARMY | BCMR | CY2005 | 20050014020C070206
The applicant requests that his discharge document be corrected to show award of the Combat Infantryman Badge, World War II Victory Medal, Master Jump-wings, and Glider Badge. There are no orders in the applicant's service records, which show that he was awarded the Glider Badge, and the applicant has not provided any evidence to show that he is entitled to award of the Glider Badge. The evidence shows that the applicant's record contains administrative errors that do not require action by...
ARMY | BCMR | CY2005 | 20050014035C070206
William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military record shows that he had an extensive disciplinary history of military infraction and based on his record of indiscipline, the applicant's service clearly shows that his discharge was appropriate because the quality of service determined at the time of discharge was not consistent with the Army’s standards for acceptable personal...
ARMY | BCMR | CY2005 | 20050014060C070206
On 28 September new information was received from the applicant, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040006781, dated 15 July 2005. Army Regulation 600-8-104 (Military Personnel Information Management/ Records Table 2-1 (Composition of the OMPF) provides that ABCMR decisions and related documents are to be filed on the "R" fiche. BOARD VOTE: __CAK__ __PHM __ __TSK__ GRANT FULL RELIEF ________ ________ ________ GRANT...
ARMY | BCMR | CY2005 | 20050014063C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's Statement of Understanding from USAREC, dated 30 March 2005, shows, that he submitted a DD Form 149 (Application for Correction of Military Record) for the correction of his enlistment contract without coercion and for his own benefit. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2005 | 20050014066C070206
Della R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records which shows the applicant, while in the DEP, completed the required number of semester hours or that he maintained full-time student status after the Fall Term 2004. The applicant's Statement of Understanding from USAREC, dated 29 March 2005, shows that he submitted a DD Form 149 (Application for Correction...
ARMY | BCMR | CY2005 | 20050014097C070206
The applicant requests that his reentry code (RE) of “4” on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. The applicant’s DD Form 214 lists the separation authority as Army Regulation (AR) 635-200, Chapter 10. A separation code of “KFS” is applicable for a Soldier separated under the provisions of Army Regulation 635-200, Chapter 10.
ARMY | BCMR | CY2005 | 20050014135C070206
On that same day, the commander submitted his recommendation to separate the applicant under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-5a, for misconduct-fraudulent entry, due to his concealment of his prior service. He reentered AD, after a break in service, on 12 December 1977 and was honorably discharged on 3 March 1978 under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-5a, for fraudulent entry due to concealment of his prior service. The...
ARMY | BCMR | CY2005 | 20050014136C070206
The applicant requests, in effect, further adjustment to his date of rank for captain and promotion consideration to major under the 2006 year criteria. On 3 July 2002, the Army Board for Correction of Military Records (ABCMR) recommended the applicant's promotion effective date and date of rank for captain be corrected to 21 November 2000, the date the applicant was assigned to a captain's position, under the Reserve Officer Personnel Management Act (ROPMA) Project. However, based on his...
ARMY | BCMR | CY2005 | 20050014165C070206
As indicated above, the applicant was promoted to major by a special selection board that adjourned in June 1998, with a date of rank of 1 December 1998, and promoted to lieutenant colonel, again by a special selection board, with a date of rank of 1 December 2004. These boards are convened to correct an injustice to an officer who was eligible for promotion but whose records through error, were not submitted to a mandatory promotion selection board for consideration; or contained...
ARMY | BCMR | CY2005 | 20050014183C070206
The applicant's records show that he completed the required military and civilian education for promotion prior to being promoted to captain and prior to his eligibility (MYIG) date. The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain. In view of the circumstances in this case, the applicant is entitled to adjustment to his promotion effective date and date of rank for...
ARMY | BCMR | CY2005 | 20050014200C070206
William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Army Nurse Program Manager noted that, according to Army Regulation 135- 101, chapter 3 and table 3-1, up to 3 years constructive credit was granted at the rate of one-half year per each year of professional experience. The applicant responded by maintaining that the applicable DODI Department of Defense Instruction and 10 USC provisions require that...
ARMY | BCMR | CY2005 | 20050014202C070206
National Guard Bureau Federal Recognition Orders Number 189 AR, dated 22 June 2005, show the applicant was awarded permanent Federal recognition in the grade of captain for initial appointment in the Dental Corps/reappointment from Medical Services Corps effective 23 April 2005. Based on the recommendations of the second MAARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition for initial appointment as a...
ARMY | BCMR | CY2005 | 20050014203C070206
The applicant requests, in effect, correction of the United States (US) Army Human Resources Command, memorandum, dated 30 March 2005, to show she was promoted to Chief Warrant Officer Three, effective 3 April 2004. The applicant requests that the date on the U.S. Army Human Resources Command memorandum regarding her promotion to the rank of Chief Warrant Officer Three be changed to show an effective date of rank of 3 April 2004 instead of 30 March 2005. The Board determined that the...
ARMY | BCMR | CY2005 | 20050014211C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's Statement of Understanding from USAREC, dated 16 March 2005, shows, that he submitted a DD Form 149 (Application for Correction of Military Record) for the correction of his enlistment contract without coercion and for his own benefit. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2005 | 20050014217C070206
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's Statement of Understanding from USAREC shows he submitted a DD Form 149 (Application for Correction of Military Record) for the correction of his enlistment contract without coercion and for his own benefit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by granting de facto...
ARMY | BCMR | CY2005 | 20050014257C070206
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of item 18 (Remarks), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show his service in Iraq from 1 May to 23 December 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry, "SERVICE IN...
ARMY | BCMR | CY2005 | 20050014263C070206
Attached as Incl #1 to the Recommendation for Award is the "PROPOSED CITATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS" which is quoted in full as follows: "Sergeant [FSM's name omitted], US 5XXXXXXX, Armor, United States Army, while a member of Company C, 245th Tank Battalion, 45th Infantry Division, distinguished himself by extraordinary heroism in action against an armed enemy near Songowol, Korea, on 22 September 1952. At this time, all crew members, excepting Corporal Bxxxx, were...
ARMY | BCMR | CY2005 | 20050014367C070206
The applicant requests correction of his records to show award of the Purple Heart for wounds received in Iraq. Therefore, he is entitled to correction of his records to show award of the Purple Heart for wounds received on 2 May 2004 in support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing award of the Armed Forces Expeditionary Medal in support of Operation "Just Cause"; and b....
ARMY | BCMR | CY2005 | 20050014369C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of her separation confirms that the applicant was issued a general discharge under honorable conditions. Moreover, there is no evidence in the applicant's statement, separation action, or in her military service records that shows that she was sexually assaulted by a noncommissioned officer; or any other Soldier or individual.
ARMY | BCMR | CY2005 | 20050014373C070206
Jerome Pionk | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a copy of Army Regulation 15-185 (Army Board for Correction of Military Records), effective 29 February 2000, and a copy of his DD Form 2656 (Data for Payment of Retired Personnel). Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provides...
ARMY | BCMR | CY2005 | 20050014376
Mr. Carl W. S. Chun Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion recommended the applicant's request be denied since he received the ACF amount as listed in his contract. The ACF fixed amount is therefore subtracted from the MGIB benefit to equal the ACF portion of the applicant's MGIB entitlement.
ARMY | BCMR | CY2005 | 20050014378C070206
This document shows that the proceedings of a Board of Medical Officers convened on 18 July 1944. Evidence of record shows that the applicant was injured as a result of an accident on 7 July 1944 when he suffered a fracture of his left tibia and fibula. There is no official documentary evidence in the applicant's military service records that supports the contention that he sustained a wound as a result of hostile action or was treated for such wound by a medical officer.
ARMY | BCMR | CY2005 | 20050014393C070206
The applicant’s military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. The applicant’s WD 33-55 does not list the award of the Purple Heart or the Bronze Star Medal. The fact that the applicant provided a newspaper article that shows he was awarded the Bronze Star Medal with an oak leaf cluster indicating that he was wounded twice is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart.
ARMY | BCMR | CY2005 | 20050014401C070206
On 14 July 2003, US Total Army Personnel Command granted a waiver for military education requirements for promotion to the grade of lieutenant colonel under the criteria of the 2003 promotion consideration Board. The applicant contends that the reason that he was unable to complete this requirement was due to being mobilized in support of Operation Iraqi Freedom and that had he not been mobilized he would have completed the education requirements prior to consideration for promotion to the...